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Home My WebLink AboutSEPTEMBER 10, 2002 MINUTES"COMMUNITY FOR A LIFETIME" CITY COUNCIL MA YOR MEYERA E OBERNDORF, At-Large VICE MAYOR ROBERT C MANDIGO, JR, Kernpsvtlle -Dtstrtct 2 MARGARET L EURE, Centervtlle -Dtstrtct 1 LOUIS R JONES, Bay,tde - Dtqrtct 4 REBA S McCLANAN, Roqe Hall -Dtstrtct 3 RICHARD A MADDOX, Beach - Dl~trtct 6 JIM REEVIz, Prtnce~g Anne - Dt~trtct 7 PETER W SCHMIDT, At-Large RON A V1LLANUEVA, At-Large ROSLMARY WILSON, At-Large JAMES L WOOD, Lynnhaven -Dt~trtct 5 CITY COUNCIL AGENDA IAMES K SPORE, Clty Manager LESLIE L L1LLEY, Ctty Attorney RUTH HODGES SMITH, MMC, ( tty Clerk ( ITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE (757) 427-4303 FAX (757) 426-5669 E MAIL Ctycncl~vbgov corn September 10, 2002 I. CITY MANAGER'S BRIEFINGS - Conference Room- 2:30PM A Bo WATER TASK FORCE USE RESTRICTION RECOMMENDATIONS Clarence Wamstaff, Dlredtor of Public Utilities LYNNHAVEN ENVIRONMENTAL RESTORATION RECONNAISSANCE H. Clayton Bemlck, III, Planning Environmental Management Coordinator Colonel David Hanson, Norfolk District, U.S Army Corps of Engineers Brian Reinhart, ProJect Manager, U.S. Army Corps of Engineers II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room- 4:30PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00 PM A CALL TO ORDER- Mayor Meyera E. Oberndorf B. INVOCATION: Father James Griffin Saint Mark's Catholic Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MAYOR'S PROCLAMATION 1. VIRGINIA BEACH REMEMBERS - SEPTEMBER 11, 2002 G MINUTES 1 INFORMAL AND FORMAL SESSIONS September 3, 2002 H. AGENDA FOR FORMAL SESSION I. RESOLUTIONS Resolution to AUTHORIZE the City Manager to execute a Memorandum of Understandin with the District of Columbia re Vlrgima Beach providing security during the International Monetary Fund/World Bank Fall Conference September 27 thru 29, 2002. . Resolution to COMMEND the Sornesen Institute for political leadership and the Virginia Ethics Forum for their initiative and work on the Codes of Conduct project in V~rg~ma. J. PLANNING . Application of CHARLES BARKER TOYOTA for a Conditional Use Permit for motor vehicle sales and service on the south side of Lask~n Road, east of Regency Drive (1877 Road), containing 7.9 acres. (DISTRICT 6 - BEACH) Recommendation' APPROVAL . Apphcation of BIRDNECK BUSINESS CENTER, L.L.C., for a Conditional Use Permit for automobile repairs, painting and restoration on the west side of S. Birdneck Road, north of Bells Road, containing 4 962 acres (DISTRICT 6 - BEACH) Recommendation: APPROVAL , Application of IGLESIA DE DIOS EBEN-EZER for a Conditional Use Permit for a church at the southeast comer of Eaglewood Drive and Chickadee Lane (1101 Eaglewood Drive), containing 1.269 acres. (DISTRICT 6- BEACH) Recommendation: APPROVAL . Apphcatlon of JAIMEANNA, INC., for a Conditional Use Permit for an Open Space on the south side of Salem Road, west of Highland Drive, contains 54.4 acres. (DISTRICT 1 - CENTERVILLE) Recommendation: APPROVAL . Application of the CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordlnance(CZO) re sign regulations ~n the B-3A Pembroke Central Bus~ness Core District. Deferred: Recommendation. August 13, 2002 APPROVAL K. APPOINTMENTS HISTORICAL REVIEW BOARD PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD TOWING ADVISORY BOARD L UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at th~s meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 09/05/02 AGENDA09/10/02/sib wv,~, vbgov corn MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 10 September 2002 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION tn the City Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, September 10, 2002, at 2 30 P M Counctl Members Present Margaret L Eure, Louts R Jones, Reba S McClanan, Vtce Mayor Robert C Mandtgo, dr, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and dames L Wood Counctl Members Absent Richard A Maddox [Entered 2 35 P MI -2- MAYOR'S COMMENTS ITEM # 50119 Mayor Oberndorf advised Counctl Lady Reba McClanan and her husband Glenn have announced the engagement of thetr daughter Anne to Ben Hadad Anne ts an Assistant Professor at Portland State Umverstty and holds a Ph D tn art history from Harvard Untverstty Her book, Representations of Early Byzantine Empresses: Image and Empire, wtll be pubhshed next month Ben Hadad ts a semor software engineer with Btotrontck Corporation and has a Masters degree tn computer sctence from the Umverstty of Houston The couple will marry on October 13, 2002, tn Chapel Htll, North Carohna Mayor Oberndorf expressed on behalf of Ctty Counctl "May you only have happy news tn your faintly from thts trine forward" September 10, 2002 -3- ITEM # 50120 Mayor Meyera E Oberndorf entertained a motton to permtt City Counctl to conduct its CLOSED SESSION, pursuant to Section 2 1-344(A), Code of Vtrgtnta, as amended, for the followmg purpose LEGAL MA TTERS Consultatton wtth legal counsel or briefings by staff members, consultants, or attorneys pertatntng to actual or probable httgatton, or other spectfic legal matters requtrtng the provtston of legal advtce by counsel pursuant to Sectton 2 2-3771(A)(7) Lake Gaston Reltcenstng Upon motton by Vtce Mayor Man&go, seconded by Counctlman Jones, City Counctl voted to proceed tnto CLOSED SESSION. Vottng 10-0 Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Rtchard A Maddox Counctl Lady McClanan expressed concern as many ctttzens were tn attendance to heat the Water Task Force Use Restrtcttons recommendattons tn the City Manager's Brtefing They were not aware of the Ctty Counctl's tntent to delay this pubhc briefing Counctl Lady McClanan was also concerned relattve the Ordtnance enforctng water use restrictions re the Governor's Declaratton of a State of Emergency due to extreme drought condtttons throughout the Commonwealth, whtch was not on the agenda but was faxed to the City Counctl on Sunday, September 8, 2002 Mayor Oberndorf advtsed this Closed Sesston has to do wtth the rehcenstng of Lake Gaston The City Attorney explatned thts would be a short tnformattonal Closed Sesston (2:30 P.M. to 3:22 P.M.) September 1 O, 2002 -4- ITEM # 50121 Mayor Meyera E Oberndorf, CONVENED the FORMAl, SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, September 10, 2002, at 322 PM Counctl Members Present Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Councd Members Absent None September 10, 2002 CERTIFICATION OF CLOSED SESSION -5- ITEM # 50122 Upon motton by Councdman Jones, seconded by Vtce Mayor Man&go, Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meettng reqmrements by Vtrgmta law were dtscussed tn Closed Sesston to whtch thts certtficatton resolutton apphes, AND, Only such pubhc bustness matters as were tdenttfied tn the motton convening the Closed Sesston were heard, dtscussed or constdered by Vtrgtnta Beach Ctty Council Voting 11-0 Council Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wdson and James L Wood Counctl Members Voting Nay None Counctl Members Absent None September 10, 2002 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS. The V~rg~ma Beach C~ty Council convened ~nto CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # $0120, page 3, and ~n accordance w~th the prows~ons of The Virginia Freedom of Information Act; and, WHEREAS: Section 2 2-3711(A) of the Code of V~rg~ma requires a certification by the governing body that such Closed Session was conducted ~n conformity w~th V~rg~ma law. NOW, THEREFORE, BE IT RESOLVED: That the V~rg~ma Beach C~ty Councd hereby certffies that, to the best of each member's knowledge, (a) only pubhc bus~ness matters lawfully exempted from Open Meeting reqmrements by V~rg~ma law were d~scussed ~n Closed Session to which th~s certfficat~on resolution apphes; and, (b) only such pubhc bus~ness matters as were ~dentffied ~n the motion convening th~s Closed Session were heard, d~scussed or considered by V~rg~ma Beach C~ty Councd. C~ty Clerk September 10, 2002 -6- CITY M/INA GER 'S BRIEFING WA TER TASK FORCE USE RESTRICTIONS RECOMMENDATIONS ITEM # 50123 3:23 P.M. Mayor Oberndorf called to order the Brtefing Sesston and tnvtted all ctttzens to jotn the City Counctl Clarence Warnstaff, Dtrector of Pubhc Utthttes, referenced the Governor's Executive Order 33, tssued and effecttve on Frtday, August 30, 2002, DECLARING a State of Emergency The Drought Coordinator, Dave Taylor -Asststant Secretary of Natural Resources, tssued a follow-up memorandum and a set of frequently asked questtons on September 4, 2002 Thts memorandum and frequently asked questtons provtded a number of general exempttons an tnterpretattons for EO 33. September 4, 2002 Memo Executive Order 33 does not contatn any penalttes for enforcement mechamsms The State requests help from the locahttes to enforce Executive Order 33 Executtve Order 33 "authorizes local governments to establish, collect, and retain fines for violations." The tntent of Executive Order 33 was to set "a floor of mtntmum restrtcttons" August 30 Restrictions Banned the watertng of lawns and golf courses, the washtng of motor vehtcles or the filhng of swtmmtng pools wtth ground or surface water It apphed to all water systems and prtvately owned wells It excluded commercial car washes, pools used by health care facthttes and ntght-ttme watertng of golf course tees and greens No other water uses, such as power washtng, were tncluded tn the restrtcttons September Fourth Exemptions New or repatred swtmmtng pools may be filled as needed to matntatn structural lntegrtty Indoor pools may be filled as necessary to ensure swtmmer health and safety New and refurbtshed lawns and fatrways may be watered for a pertod not to exceed 30 days The defimtton of "commercial car washes" tncludes auto dealers and detaders, body shops and rental agenctes, but not corporate fleets Mr Warnstaff advtsed the defimtton of refurbish ts to "make clean, bright or fresh agatn" In the context of lawns, tt would refer to any acttvtty related to seedtng, fertthzer or aerating Mr Warnstaff beheves any actton taken by a homeowner to refurbtsh the lawn would fall under thts exemptton Thts tnformatton has been posted on the Ctty's webstte www vbgov corn whtch provtdes a hnk to the Governor's Webstte September 10, 2002 -7- CITY MANAGER'S BRIEFING WA TER TASK FORCE USE RESTRICTIONS RECOMMENDATIONS ITEM # 50123 (Continued) Mr Warnstaff advtsed there were actually stxteen (16) FAQ 's, but he wtshed to focus on the nme (9) major ones The September Fourth Frequently Asked Questions Who wtll enforce EO 33 ? Local Governments Where are vtolattons reported? Local Governments Why are prtvate wells tncluded? 2,200 private well failures have been reported since July 1. Why are certatn areas of the state exempted? Conditions in those areas were not as critical Why were certain bustnesses exempted? To minimize the economic impact in the State Do the restrtcttons on watertng lawns apply to athlettc fields ? No. May newly planted or refurbtshed sod or grass be watered? Yes, for up to 30 days Where may I get an exemptton from an tndtvtdual sttuatton or hardshtp? Local Government *Note "lawns" are generally defined as restdenttal grasses and ornamental gassy strtps Trees, shrubberyflowers, gardens and other vegetation are not tncluded Virginia Beach Objectives Support the Governor and matntatn our good relat~onshtp wtth the admtntstratton on water resource tssues Show North Carohna and the Roanoke Rtver Bastn that Vtrgtma ts a good steward of Lake Gaston water and that we are "true to our word" Help our ctttzens get through these difficult ttmes Recommendations The Water Task Force, composed of Mayor Oberndorf, Councilman Jones, the City Manager and City Attorney, met early on Friday, September 6, 2002. The Task Force recommended that Virginia Beach enact an ordinance to adopt Executive Order 33 as modified and/or amended by the Drought Coordinator. Establish an Appeals Board to deal with individual hardships and situations. Meet with state officials to explore and discuss the possibility of additional relief for the use of shallow groundwater in lieu of the public supply September 10, 2002 -8- CITY MANAGER'S BRIEFING WA TER TASK FORCE USE RESTRICTIONS RECOMMENDATIONS ITEM # 50123 (Continued) Mr Warnstaff advtsed the Ctty was successful from 1992-1998 tn utthztng the Exempttons Board to asstst tndtvtdual ctttzens wtth untque circumstances The Ctty was able to effecttvely manage the water demand over that 6-year pertod The Exemptions Board was extremely responstve to the needs of the ctttzens The proposed Ordtnance enforctng water use restrictions re the Governor's Declaration of a State of Emergency due to extreme drought condtttons throughout the Commonwealth does tnclude provtstons for enforcement The enforcement program has three (3) bastc components education, education and education. The ctty found that by ensurtng the restdents understood the restrtcttons, there has been overwhelmtng voluntary comphance wtth water use restrtcttons tmplemented tn prtor years If the ordtnance ss adopted, the staff for the next two to four weeks would conduct an extensive educattonal program Resources hmtt the abthty to drtve through the city looktng for vtolators For a first vtolatton, a wrttten nottce shall be tssued For a second vtolatton by the same person, a fine shall be tmposed Deputy Ctty Attorney Macah advised vtolatton ts an unclassified misdemeanor Mr Warnstaff advtsedJbr any vtolatton, a complatnt must befiled wtth the Magtstrate by the Pubhc Utthttes staff, then a summons tssued and a court date set The Judge makes the dectston as to the assessment of thts fine Mr Warnstaff advtsed there ts no prohibition re installing new wells. The Executive Order, unless amended by the Governor, is scheduled to expire June 30, 2003. The Governor reserves the right to amend, rescind or extend the Executive Order at any date Counctl Lady Wtlson satd tt ts important for the ctttzenry to understand the Ctty wtll continue to work closely wtth the Governor relattve addtttonal rehef Mr Warnstaff referenced a meettng with the Governor's staff on Wednesday, September Eleventh, to dtscuss and explore addtttonal rehef as tt relates to groundwater Relattve potenttal impact on the aqutfer, Mr Warnstaff advtsed modehng tnformatton ts avatlable re groundwater supphes tn Southeastern Vtrgtnta The staff beheves there ss a convtnctng argument for the utthzatton of groundwater tn the regton If the techntctan can be convtnced that hmtttng groundwater use tn Southeast Vtrgtnta, parttcularly Vtrgtnta Beach, does not benefit other parts of the State Groundwater sctence ts very complex Shallow wells refers to wells that work well when the water tsjrrom 0 to 25feet Lower levels reqmre a dtfferent type of destgn and construction Generally, Vtrgtnta Beach's shallow ground water table goes down to approxtmately 150feet at the most The tmpact of wtthdrawtng water from the shallow groundwater level tends to be locahzed and does not tmpact other areas of the State Durtng dry Summer months when ctttzens are trrtgattng thetr grasses, groundwater levels wtll drop, but recharge Mr Warnstaff advtsed Counctlman Schmtdt the Health Department records only go back to 1990 and tndtcate approxtmately 33, 000 wells extst tn Vtrgtma Beach Mr Warnstaff beheves the actual number of wells wouM be more ltke 50,000 or 60,000 Hts well was installed tn 1987 and thus ts probably not tn the Health Department's data base Dependtng upon the number of wells operattng, the staff has esttmated on a hot August day, the amount of groundwater wtthdrawn could be anywhere from 10 to 20-MILLIONgallons of water per day throughout the whole ctty Thts ts not conttnuous This ts not the same as havtng a mumctpal wtthdrawal Gtven the fact the Ctty has 50, 000 wells, 1% of the wells could fatl tn any given year stmply because of thetr use or age Included tn the Health Department's records would be atyptcal expectatton of untts that wouM fatl, regardless of the weather condtttons The numbers reflect an mcrease tn fatlures durtng 2002 over 2001, however, thts ts expected durtng a long, hot and dry Summer Mayor Oberndorf requested clartficatton of the appeal process Mr Warnstaff advtsed the Ctty Manager shall appotnt an Appeals Board, whtch shall constst of one (1) representattve of the Ctty Manager's office, one (1) employee of the Health Department, and one (1) employee of the Ftnance Department The Ctty Attorney, or hts destgnee shall serve as legal counsel to the Board The Pubhc Utthttes Department wtll act tn the capactty to perform the admtntstrattve work, provtde general gutdance and convene the Board, tf necessary The apphcatton form for appeal shall be posted on www vb corn, An appeal letter can also be forwarded to Pubhc Utthttes by e-mall Apphcattons shall also be avatlable tn the Pubhc Ltbrartes or tf ctttzens wtsh, the forms can be faxed from Pubhc Utthttes As per request of the Mayor and the Ctty Counctl, the Ctty Attorney shall draft an AMENDED Ordtnance to reflect the Ctty Manager and hts Staff are dtrected to conttnue to work closely with the Governor and the Drought Coordtnator to tdenttfypotenttal areas re modtficatton of groundwater restrtcttons toprovtde rehef to the ctttzens of Hampton Roads Suffictent coptes shall be made avatlable for citizens tn attendance during the Formal Sesston September 10, 2002 -9- CITY MANAGER'S BRIEFING L YNNHA VEN ENVIRONMENTAL RESTORATION RECONNAISSANCE 4:04 P.M. ITEM # 50124 Mayor Oberndorf expressed appreciation to Clay Bermck, Envtronmental Management Admtmstrator, for hts magntficent endeavors re the passive park off Paladin Drive Mr Bermck advtsed during the City Counctl's August Retreat, the Lynnhaven River was tdenttfied as a htgh prtortty The Lynnhaven River ts the most developed watershed and covers shghtly less than twenty-five percent (25%) of the Ctty land area, but ts home to over 'half the Ctty 's populatton The Lynnhaven River was home to the earhest settlements tn Vtrgtnta Beach The Elizabeth River, wtth tts older portton tn Kempsvtlle, came a few years later Today, the Lynnhaven has the highest value for restdenttal real estate In some ways, the Lynnhaven ts really the Ctty's "main street" At the present ttme, the majortty of the Lynnhaven River ts on the State's tmpatred water hst The loss of the shellfish tndustry ts well known There has been stgntficant degradation of water quahty A dechne tn the wetlands, the submerged grasses and the rtpartan zones (natural areas along the shorehne) have all equaled a major loss tn habttat for the wtldhfe which call the Lynnhaven "home" There are many water use confltcts tn the Lynnhaven There are htgher denstty uses The purpose of the Brtefing ts to tnform the City Counctl of the opportuntttes and areas of further study recommended tn the Corps of Engineers Reconnaissance Study for the Environmental Restoration of the Lynnhaven River Basin Mr Bermck tntroduced Colonel DavtdHansen, Norfolk, Dtstrtct - US Army Corps of Engineers Mayor Oberndorf extended credit to Colonel Hansen for his unselfish and dedtcated efforts tn savtng the Elizabeth River. Colonel Hansen beheves thts model could be duphcated for the Lynnhaven and other watersheds tn the Ctty Colonel Hansen expressed apprectatton to Clay for hts tnvaluable support as a member of the team Colonel Hansen tntroduced Brtan Rhetnhart, Project Manager, U S Army Corps of Engtneers, Mtchelle Cleland, and Greg Steele - Corps Lynnhaven ProJect Staff members Colonel Hansen further tntroduced the new St Louts D~str~ct Commander, Colonel Kevtn White Brtan was born and ratsed on Inlynnwew Dr~ve and was personally selected by Colonel Hansen to be Project Manager on this very tmportant study Mr Rhetnhart advtsed the study was authortzed by House Resolutton adopted on May 6, 1998 $100,000 was approprtated tn Fiscal Year 2002for the Reconnaissance study The U S Army Corps of Engtneers has a two step plantng process 1 Reconnaissance 2. Feasibility (1 O0 % Federal) (50 % Federal/50 % Non-Federal) RECONNAISSANCE PHASE OBJECTIVES *Identtfy problems and needs *Determtne Federal tnterest and document the findtngs tn a Reconnatssance report to be revtewed and approved by the U S Army Corps of Engtneers headquarters Assess level of local support Prepare project Management Plan and negottate DRAFT Feastbthty Cost Shartng Agreement (FCSA) Execute Feastbthty Cost Shartng Agreement (FCSA) *Both of these objecttves have been achteved There are less than twenty (20) acres of underwater grasses rematntng tn the Lynnhaven September 10, 2002 - lO- CITY MANAGER'S BRIEFING L YNNHA VEN ENVIRONMENTAL RES TORA TION RECONNAISSANCE ITEM # 50124 (Continued) Reconnaissance Phase Recommendations Water quality improvements addresstng stormwater management, low &ssolved oxygen levels tn the Lynnhaven and Fecal cohform tracktng and reductton Tidal wetlands restoration A map outhntng the larger wetland restoratton sttes whtch were proposed to be stu&ed A example of an area whtch shows great potenttal for wetland enhancement ts the Prtncess Anne stte deptcted tn the shde Restoratton will also examtne the tssue of Phragmttes control and era&catton, whtch ts a major problem tn the Lynnhaven Bastn Oyster habitat and Submerged aquatic vegetation (SA IO restoration These facets can be co-located to tncrease the benefits of each The ulttmate goal for SA V restoratton ts to restore the Lynnhaven Rtver to the Chesapeake Bay program, Tier One, standard of 71 acres of underwater grasses Thts would be more than a 3-fold tncrease of the present status The Corps wtll work closely wtth staff to tdenttfy potenttal oyster reef sttes Siltation reduction/removal Thts recommendatton ts tted to the tmprovement tn water quahty The Corps proposes performtng hydrogenate dynamtc modehng to pre&ct the effects of se&ment removal on the tmprovement of water quahty wtthm the upper reaches of the Lynnhaven Contaminated sediment identification/removal or remediation Examtnmg areas prevtously tdenttfied as posstbly betng contammated If contamtnates are tdenttfied, the areas wtll be dehneated and recommendattons wtll be made for treatment and/or removal Study Phase Overview Cost of Reconnaissance $100, 000 Cost of Feasibility (estimated) $2-MILLION Schedule: Initiate Reconnaissance Study January 2002 Draft Reconnaissance Report June 2002 Completed Reconnaissance January 2003 Execute FCSA/ Initiate Feasibility March 2003 Complete Feasibility March 2006 The spectahzed work tasks of the feasibility phase include Benthic studies; Hydrodynamic modeling; Stormwater analysis; DNA Source Tracking; Sediment Testing and Analysis and Isotope studies Mr Rhetnhart referenced the webstte http //www nao usace army mtl/Projects/Lvnnhaven/lynnhm, en html The Reconnatssance Report and prevtous presentattons have been posted on this stte The study wtll tncorporate proposed sttes for &sposal of tnapproprtate matertals from the L ynnhaven Rtver The Mayor referenced restdents who reside on the small tnlets and have boat ramps where there ts not suffictent water to operate thetr boats, tf the Corps would be studytng the effect of the dredgtng and tf the restoration of the Lynnhaven would prevent these small inlets from being refilled wtth stltatton Mr Rhetnhart advtsed, as prevtously tn&cated, the Corps proposes performtng hydrogenate dynamtc modehng to pre&ct the effects of se&ment removal on some of the upper reaches The areas have not been tdenttfied at thts ttme September 10, 2002 -Il- CITY MANAGER'S BRIEFING L YNNHA VEN ENVIRONMENTAL RESTORATION RECONN/IISSANCE ITEM # 50124 (Continued) Relattve tn-ktnd servtces, Mr Rhemhart advtsed there ts a stormwater management study betng prepared by the Ctty Staff Pubhc/Stakeholder meettngs, Mr Bermck and other city staff's ttme would all be constdered tn-ktnd servtces Mtchelle Cleland advtsed that since the late 1970's, there have been no comprehenstve benthic studies Condtttons have changed dramattcally tn the watersheds stnce that time It would be a good tnvestment to secure basehne tnformatton These benthtc studtes can hopefully prtortttze some of the areas Those with the most degraded systems can be tmproved first Relattve DNA source tracking, tn Thaha and London Brtdge Creeks the source of tmpatrment ts htgh fecal cohform levels The technology ts avatlable to determme the source of thts fecal cohform contammatton The Isotope stuches use cesium as a dattng standard to determtne stltatton rates tn the upper reaches and would also address how quickly degradatton ts occurrtng as well as the areas whtch should be focused on There were contamtnates tdenttfied by the Birchwood Gardens Sewage Treatment Plant tn the late 1970's and they were mostly metals. Counctlman Reeve advised he has been a member of the Elizabeth River project and the business communtty has created a great synergy to have vested tnterest tn tmprovtng the water quahty Thts has probably tncreased the process Mr Rhetnhart referenced betng tnvolved tn a sertes of meetings wtth members of the prtvate sector re the Lynnhaven who are concerned wtth the development of a grass roots support package The Mayor and Counctl expressed apprectatton to the Colonel and hts staff September 10, 2002 - 12- AGENDA RE VIE W SESSION 4:40 P.M. ITEM # 50125 12 Resolution to COMMEND the Sornesen Institute for polmcal leadershtp and the Virginia Ethics Forum for their tmttattve and work on the Codes of Conduct project tn Vtrgtnta Mayor Oberndorf requested thts ttem be separated from the Ctty Councd Consent Agenda Mtchael Barrett wdl represent the University of Virginia and the Sorensen Institute to recetve thts Resolution The Sorensen Institute for Political Leadership, a prtvate non-profit orgamzatton affihated wtth the Umverstty of l&rgtma, offers educatton for communtty leaders to prepare them forpubhc servtce In an effort to encourage tssue- based campatgns, tt has jotned wtth the Virginia Ethics Forum Mayor Oberndorf advtsed the State Treasurer, dody Wagner, ts a graduate Councd Lady Wtlson advtsed betng a past Fellow of the Sornesen Institute Many l&rgtnta Beach ctttzens have parttctpated and she highly commends thts program ITEM # 50126 B Y CONSENSUS, the followtng shall compose the CONSENT AGENDA: RESOLUTIONS I1 Resolutton to AUTHORIZE the Ctty Manager to execute a Memorandum of Understanding wtth the Dtstrtct of Columbta re Vtrgtma Beach provtdtng securtty during the Internattonal Monetary Fund/World Bank Fall Conference September 2 7 thru 29, 2002 ITEM # 5012 7 Deputy Ctty Attorney Wdham Macah chstrtbuted an AMENDED Ordtnance enforcing water use restrictions re the Governor's Declaratton of a State of Emergency due to extreme drought condtttons throughout the Commonwealth This AMENDED Ordinance directs the Ctty Manager and Ctty Staff to conttnue worktng closely wtth the Governor and the Drought Coor&nator to tdenttfy potenttal areas re modtficatton of groundwater restrtcttons to provtde rehef to the ctttzens of Hampton Roads Deputy Ctty Attorney Macah quoted the addttton on Page 3, lines 69 thru 76 "WHEREAS, The Ctty Councd has dtrected that the Ctty Manager and Ctty Staff conttnue to work closely wtth the Governor and the Drought Coordtnator tn order to tdenttfy potenttal areas tn whtch the restrtcttons upon the use of groundwater set forth tn the Executtve Order may be modtfied to provtde rehef to the ctttzens of Hampton Roads, conststent wtth sound groundwater management practtces and the Governor's objectives of protecttng the pubhc health, safety and welfare," Suffictent copies shall be made avadable for ctttzens tn attendance durtng the Formal Sesston September 10, 2002 -13- AGENDA RE VIEW SESSION ITEM # 50128 .13 Apphcatton of IGLESIA DE DIOS EBEN-EZER for a Conchttonal Use Permtt for a church at the southeast corner of Eaglewood Drtve and Chtckadee Lane (1101 Eaglewood Drtve), containing 1 269 acres (DISTRICT 6 - BEACH) Councd Lady Eure tnqutred re Condttton No 5 5 Church attendees shall not be permttted to park on the street Stephen Whtte, Planmng, advised thts ts an enforceable conchtton and can bepohced by the Ctty Mr Whtte advtsed the Ctty ts relytng on the Church to notify tts members and vtsttors relattve parktng on the street A pubhc stgn wdl not beposted Karen Lasley, ZontngAdmtmstrator, advtsed tnspectors work on weekends now and they can check the parking at least once a month ITEM # 50129 .14 Apphcatton of JAIMEANNA, INC.,for a Condtttonal Use Permtt for Open Space on the south side of Salem Road, west of Htghland Drtve, contatns 54 4 acres (DISTRICT 1 - CENTER VILLE) Councd Lady Eure tnquired how the agreement ts reached re the property owners and/or the developer would gtve the restdual to the City Mr Whtte advtsed the Outdoors Plan calls for a Greenway along thts tributary to the North Landtng Rtver As a result, developers have been requested to de&cate wetlands along the Rtver to the ctty The area tn the back destgnated as "dedication to the City is a wetland area" There ts a separate open space system for the development Councd Lady Eure requested an appratsal of the 17.5 acres deptcted on the plan as betng de&cated A tremendous amount of land ts betng removed from the tax rolls The Ctty Manager advtsed the Real Estate Assessor ts assessing wetlands at $600 per acre Mr Whtte confirmed an apphcatton's mertt ts not based on whether or not land ts dechcated Councd Lady McClanan was concerned relattve the portton adjacent to the Southeastern Parkway and Greenbelt and whether the houses are set back far enough from the rtght-of-way Mr Whtte advtsed a buffer has been mcluded tn the rtght-of-way of the roadway destgn An addtttonal buffer has been mcluded wtth the design for open space promotton before the lots wdl be platted There wdl be at least 150feet or more buffertng The approximate three or four lots on the entranceway wdl be closer These wdl be approxtmately 50feet from the Parkway Councd Lady Wdson tnqutred relattve the addttton of a condttton concermng dtsclosure of the locatton of the Southeastern Parkway and Greenbelt Councd Lady Eure also concurred wtth the. addttton of this condttton relattve thts dtsclosure on the plat Mr Ldley advtsed the chsclosure would only apply to the developer's sale, not future sales A report wdl be prepared relattve roadway and floodplam dtsclosures Councd Lady Eure advtsed Attorney Edward Bourdon had prevtously agreed to a short deferral, tf necessary The staff wall contact Attorney Bourdon September 10, 2002 -14- AGENDA RE VIEW SESSION ITEM # 50130 J5 Appltcatton of the CITY OF VIRGINIA BEACH to AMEND the Ctty Zomng Ordtnance(CZO) re sign regulations tn the B-3A Pembroke Central Bustness Core District. Counctl Lady McClanan referenced the Committee Meettng concermng tnformatton regarding the B-3A Stgn Ordinance Counctl Lady McClanan expressed apprectatton to Tom Pauls, Comprehenstve Plan Co- Or&nator, the staff who addressed all concerns, and Burrell Saunders, whose advtce has been very valuable Assoctate Ctty Attorney Kay Wtlson dtstrtbuted the Amendments to the stgn regulations tn the B-3A, whtch are encompassed tn the revised Or&nance tn Ctty Counctl's agenda package Mr Saunders &splayed tllustrattons of the stgns, as they would appear on the butldtng rendertngs, to denote the effect of the stze and scope The signs on the top of the towers represent approxtmately a 12-foot stgn The vartous retathng type stgns were deptcted as on the second floor as well as signs on the top of the 5- story butldtng The next graphtc deptcted the stgnage along the streets t e pubhc parktng, above the front door of the Tower &gnage on the awnings was also shown The stgnage of the P F Chang's restaurant at the corner of Vtrgtnta Beach Boulevard and Central Park Avenue, was deptcted Certatn logos wtll also appear on the awmngs Mayor Oberndorf referenced the small stze of the bank stgn at the top of the Town Center tn Newport News Mr Saunders advtsed he ts revtewtng this sign As tt ts too small to read, they are planntng to tnstall a new stgn Counctlman Jones wtll ABSTAIN ITEM # 50131 B Y CONSENSUS, the following shall compose the PLANNING BY CONSENTAGENDA: J1 Apphcatton of CHARLES BARKER TOYOTA for a Conchttonal Use Permtt for motor vehicle sales and service on the south stde of Laskm Road, east of Regency Drtve (1877 Lasktn Road), contatntng 7 9 acres (DISTRICT 6- BEA CH) J2 Apphcatton of BIRDNECK BUSINESS CENTER, L.L.C., for a Condtttonal Use Permtt for automobile repairs, painting and restoration on the west side of S Btrdneck Road, north of Bells Road, contatmng 4 962 acres (DISTRICT 6- BEA CH) J3 Apphcatton of lGLESIA DE DIOS EBEN-EZER for a Concltttonal Use Permtt for a church at the southeast corner of Eaglewood Drtve and Chickadee Lane (1101 Eaglewood Drtve), contatntng 1 269 acres (DISTRICT 6 - BEACH) J4 Apphcatton of JAIMEANNA, INC.,for a Conchttonal Use Permtt for an Open Space on the south stde of Salem Road, west of Htghland Drtve, contatns 54 4 acres (DISTRICT 1- CENTER VILLE) J5 Apphcatton of the CITY OF VIRGINIA BEACH to AMEND the Ctty Zomng Ordtnance(CZO) re sign regulations tn the B-3A Pembroke Central Business Core Dtstrtct Item J 4 wtll be DEFERRED, BY CONSENT Counctlman Jones wtll ABSTAIN on ttem J 5 September 10, 2002 - 15- CITY COUNCIL COMMENTS 5 IOPM ITEM # 50132 Mayor Oberndorf referenced her conversation wtth former Vtce Mayor Wtlham Sessoms, Jr, The rules relattve Chatr term hmtts of Hampton Roads Transit District Commission (HRT) have been amended These rules have been amended apparently tn order for the present Chatr, Randy Wrtght, representtng Norfolk, to be renominated A number of members of HRT advtsed Mr Sessoms that Vtrgtnta Beach had been dented the Chatr at least three (3) dtfferent trines Mr Sessoms agreed to have hts name be placed tn nomtnatton for Chatr, thus two (2) members would be vytngfor thts posttton Mayor Oberndorf spoke with Mr Wrtght and advised htm from the htstortcal perspecttve tt ts Vtrgtnta Beach's ttme to Chatr as they had been prevtously dented thts opportuntty Vtrgtnta Beach has become the "bank" to the Regton Mayor Oberndorf advtsed Mr Sessoms he did the rtght thing and beheved the Ctty Counctl would stand 100% behtnd htm ITEM # 50133 Counctlman Vtllanueva tnqutred who responds to the e-marls forwarded to Ctty Counctl Mayor Oberndorf advtsed her office responds, on behalf of the Ctty Counctl, after the tssue has been researched Mayor Oberndorf has advtsed the Camp Pendleton Parking Lot wtll be open 'year round and only close for types of mthtary exerctses The Ctty ts also trying to accommodate the ctttzens who have stated they have been rectptents of "in approprtate" behavtor ITEM # 50134 Councilman Reeve advtsed the Sandbridge Road Corridor Study Public Forum was held last Thursday, September 5, 2002, at Red Mtll Elementary School and was an overwhelmtng success Over 400 respondents left thetr comment cards Comment cards are sttll betng recetved Hopefully, a report relattve these comments wtll be provtded at the next meettng and then Councilman Reeve wtll advtse Ctty Counctl ITEM # 50135 Counctl Members Reeve and Schmtdt with Robert d Scott -Dtrector of Planmng and members of hts staff held the first Virginia Beach Transition Area Technical Review Committee Meeting on Monday, September 9, 2002 Thts was an excellent "ktck-off" meettng Counctlman Reeve expressed concern relattve notification of meettngs and requested the future meetings be adverttsed tn a more pubhc fashton A Press Release by Medta and Communtcattons was forwarded to all Members of Ctty Council, Ctvtc Leagues, newspapers and radio stattons This nottficatton was also pubhshed on the Ctty's webpage www vbgov corn Counctlman Reeve spoke to Jason Skog of the Vtrgmtan Ptlot re nottficatton of the meeting Mayor Oberndorf expressed concern and requested the Ctty Manager and hts staff make nottce to the general pubhc at large relattve the time and place of future Virginia Beach Transition Area Technical Review Committee meetings Ftfteen (15) mtnutes are allocated at the end of each meeting for Pubhc Comment Davtd Sulhvan, Chtef lnformatton Officer, advtsed normally the pubhc opportumttes are adverttsed tn The City Page, appeartng twtce a month tn The Vtrgtntan-Ptlot Gtven the lead ttmes required by the newspaper, the staff dtd not have ttme to post thts tn the City Page However, the standard Press Release was tssued and went on the City's web page tmmedtately The medta picks and chooses ttems they wtsh to cover and they dtd not choose to announce thts Meettng All future meettngs will be adverttsed and promoted tn the same manner as the other Boards and Commtsstons Meettngs The Medta group wtll coordtnate wtth the Plannmg department Counctlman Schmtdt advtsed the Virginia Beach Transition Area Technical Review Committee contemplates meettng each Monday on a conttnutng basts The Commtttee wtll meet thts Monday, September 16, 2002, 7:00 P.M., at Building 19, Human Resources Training Room B September 10, 2002 -16- CITY COUNCIL COMMENTS ITEM # 50136 Councdman Reeve referenced the Or&nance to TRANSFER $300, O00 from vartous Storm Water Capttal ProJects to Capttal ProJect #7-012, to extend the piped drainage system tn Fair Meadows, ADOPTED by Ctty Councd on September 3, 2002 $75,000 was transferred from Capttal ProJect #7-144, Sandbrtdge Dratnage Improvements Counctlman Reeve advised receipt of e-marls expresstng concerns about the BMP locatton, whtch are adjacent to homes tn Sandbrtdge Wtth the West Nile virus, these BMPs hold water and there ts the posstbthty of becomtng stagnant In dtscusstons with City staff there was the posstbtltty of tnstalhng a "bubbler" system that would keep the water aerated and agitated to mtntmtze thts affect of becomtng stagnant These concerns need to be addressed E Dean Block, Dtrector of Pubhc Works, wtll revtew and respond ITEM # 5013 7 Counctl Lady Wtlson referenced dtscusstons concerntng problems assoctated wtth floodplain disclosures Castleton and Lotus Creek restdents, among others, are dtspleased they purchased residences and were not nottfied of their extstence wtthtn the floodplatn Surveys are not recetved unttl the tndtvtduals are at the Clostng for thetr restdences The City Attorney's office ts revtewtng and has requested a techmcal experttse group be selected to resolve some of the issues of dtsclosmg location of restdences wtthtn the floodplam Representattves were suggested from the Planntng Department (Charles Hassen), Communtcattons and Informatton Technology (Davtd Sulhvan), Pubhc Works, Real Estate Assessor's office, Realtors'Association and Ttdewater Budders Assoctatton (TBA) ITEM # 50138 Vtce Mayor Man&go referenced the TENTATIVE SCHEDULE for the FY 2003-4 BUDGET WORKSHOPS: Aprtl 8, Aprd 15, Aprtl 22, Aprt129, May 6 and May 13, 2003 Counctl Members should advtse the Ctty Manager tf there are any confltcts ITEM # 50139 Vice Mayor Man&go referenced the SUPER HORNET, Draft Environmental Impact Statement (DEIS) Pubhc Heartng, on Wednesday, September 4, 2002 The Judge who conducted the Pubhc Heartng was a Navy Captatn The crowd was very rude to the elected officials There were two (2) North Carohna delegattons tn attendance One delegatton from Washington County was adamantly opposed to any outlytngfield tn thetr county Another group destred the outlymgfield conttngent upon four squadrons of these F/A 18's down at Cherry Point Senators Warner, Allen, Congressman Schrock, Delegate McDonnell, Mayor Oberndorf, Vtce Mayor Man&go, Counctl Members Eure, Wdson and Schmtdt were tn attendance The Mayor, Vice Mayor and Counctl Members Wtlson and Schmtdt spoke tn support of the F/A 18 Super Hornet squadrons betng retatned and other future squadrons betng based at Oceana for many reasons Economtcally, thts locatton ts advantageous for the Federal Government not havtng to build addtttonal tnstallatton and support facdtttes at another base The locatton tn Vtrgtnta Beach would boost our economy and provtde quahty of hfe to the sadors stationed tn the Ctty ITEM # 50140 Counctl Lady Eure referenced the magaztne "Virginia: The Crossroads" The arttcle concerntng the City of West Point focuses on two (2) two-lane bridges whtch are betng replaced wtth 55-foot and 21-foot high four-lane spans close to the current locatton The road wtdentng wtll be 85feet of the property along stde The cost of the study was a matchtng grant of $25,000. Counctl Lady Eure urged City Councd to read this article as our study entatled apprommately SI-MILLION ITEM # 50141 Counctlman Schmtdt referenced the Or&nance tn 1987 relattve billboards. If economic development ts one of the Ctty Counctl 's top four (4) prtortttes for the year, than the Ctty ts stgnahng out an tndustry to era&cate, whtch may not be fatr Deputy Ctty Attorney Macah has provtded Counctlman Schmtdt wtth tnformatton Counctlman Schmtdt requested the Ctty Attorney brtef Ctty Councd relattve thts tssue durtng a Workshop Session September lO, 2002 -17- ITEM # 50142 Mayor Oberndorf called to order the second INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Counctl Conference Room, City Hall Butldtng, on Tuesday, September 10, 2002 at $ 30PM Council Members Present Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vice Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson, and James L Wood Counctl Members Absent None September 10, 2002 - 18- ITEM # 50143 Mayor Oberndorf entertatned a motton to permtt Ctty Counctl to conduct tts second CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgmta, as amended, for the followmg purpose PERSONNEL MA TTERS Dtscusston, constderatton or tntervtews of prospective can&dates for employment, asstgnment, appotntment, promotton, performance, demotion, salartes, dtsctphntng, or restgnatton of specific pubhc officers, appomtees, or employees pursuant to Sectton 2 2-3 711 (A) (1) To Wit Appointments Boards and Commtsstons Beaches and Waterways Commtsston Htstortcal Revtew Board Parks and Recreatton Commtsston Pubhc Ltbrary Board Towtng Advtsory Board PUBLICL Y-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of real property for a pubhc purpose, or of the dtsposttton of pubhcly-held real property, where dtscusston tn an open meettng would adversely affect the bargatntng posttton or negottattng strategy of the pubhc body pursuant to Sectton 2 2-3711(A)(3) Oceanfront and Bayfront Beaches LEGAL MA TTERS Consultatton wtth legal counsel or brtefings by staff members, consultants, or attorneys pertatntng to actual or probable httgatton, or other spectfic legal matters requtrtng the provtston of legal advtce by counsel pursuant to Sectton 2 2- 3771(A)(7) Oceanfront and Bayfront Beaches Upon motton by Vtce Mayor Man&go, seconded by Counctl Lady Wtlson, Ctty Counctl voted to proceed tnto CLOSED SESSION. l,'ottng 11-0 Counctl Members Voting Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None 3 Mtnute Recess (5:33 P.M. - 6:02 P.M.) September 10, 2002 - 19- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL September 10, 2002 6:02 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Councd Chamber, Ctty Hall Buddtng, on Tuesday, September 10, 2002, at 6 02 P M Councd Members Present Margaret L Eure, Louts R Jones, Reba S McClanan, Richard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Counctl Members Absent None INVOCATION Father James Grtffin Satnt Mark's Cathohc Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA September 10, 2002 Item V-E. - 20- CER TIFICA TION OF CLOSED SESSION ITEM # 50144 Upon motton by Counctlman Jones, seconded by Council Lady Wtlson, Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meettng requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch thts certtficatton resolutton apphes, AND, Only such pubhc bustness matters as were identified tn the motton convenmg the Closed Session were heard, discussed or constdered by Vtrgtnta Beach City Council Vottng 11-0 Council Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and dames L Wood Counctl Members Vottng Nay None Counctl Members Absent None September 10, 2002 o~ our g~'~'o RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The V~rg~ma Beach C~ty Councd convened ~nto CLOSED SESSION, pursuant to the affirmative vote recorded m ITEM # 50143, page 18, and m accordance w~th the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2 2-3711(A) of the Code of Vlrg~ma reqmres a certification by the governing body that such Closed Session was conducted ~n conformity w~th V~rg~ma law NOW, THEREFORE, BE IT RESOLVED: That the V~rg~ma Beach C~ty Councd hereby certffies that, to the best of each member's knowledge, (a) only pubhc bus~ness matters lawfully exempted from Open Meeting reqmrements by V~rg~ma law were d~scussed ~n Closed Session to which th~s certfficatmn resolution apphes; and, (b) only such pubhc bus~ness matters as were ~dentffied in the motion convemng th~s Closed Session were heard, d~scussed or considered by V~rglma Beach C~ty Council. R~h Hodges S~m~th,'MMC C~ty Clerk September 10, 2002 Item V-E. 2. - 21 - MA YOR 'S PRESENTATION ITEM # 50145 Mayor Oberndorf RECOGNIZED the following Gtrl and Boy Scout tn attendance to earn thetr badges GIRL SCOUT Sponsored by Windsor Woods Elementary School Lisa Hale BO Y SCOUT TROOP g407 Sponsored by Boy Creek Presbyterian Church Troop Leader: Drew Hale Zachary Hale September 10, 2002 Item V-F. 1. - 22 - MA YOR 'S PROCLAMATION ITEM # 50146 Mayor Oberndorf PR OCLAIMED : September 11, 2002 Virginia Beach Remembers 9-11 On Tuesday, September 11, 2001, thousands of people were assaulted, injured and murdered tn a sertes of strategtc terrorist attacks on American sod and tn Amertcan att space The passengers, pilots and crews of four ctvthan aircraft were taken hostage and brutally slatn durtng the hetnous and revolttng acts of war The Twtn Towers of the World Trade Center tn New York City, were destroyed and tremendous damage was caused to the Pentagon, headquarters of the Umted States Department of Defense Many Vtrgtnta Beach ctttzens and members of the Ctty workforce responded to thts national emergency by volunteertng to serve on search and rescue and emergency me&cai services teams, by donattng blood through the Amertcan Red Cross and by praytng for the Untted States of Amertca Mayor Oberndorf called upon all ctttzens and busmesses toffy thetr Amertcan flags at half-staff from dawn unttl dusk on September 11, 2002, and for all restdents to turn on porch hghts tn the eventng from dusk unttl mtdntght on that date as a stgn of untty Mayor Oberndorf called upon all houses of worshtp and other factltttes throughout the regton to toll bells or chtmes and to hold a moment of silence on September 11, 2002, to observe these times 8:46 a.m. 9:03 a.m. 9:43 a.m. 10:10 a.m. Attack on the North Tower of the World Trade Center Attack on the South Tower of the World Trade Center Attack on the Pentagon The plane crash in Somerset County, Pennsylvania A livingflag will be formed at the Verizon Amphitheater. A service at 9:30 A.M. will be held at Police Headquarters, Public Safety Building. A "Remember September 11tn'' Concert will be held at 7:30 P.M. at the Verizon Amphitheater. Chtef Gregory Cade -Ftre Department, Chtef Bruce Edwards - Emergency Me&cai Services and Deputy Chtef Jtm Cervera - Pohce, ACCEPTED the PROCLAMATION Mayor Oberndorf advtsed these gentlemen were the "Ftrst Responders" September 10, 2002 Item V-G.I. MINUTES - 23 - ITEM # 50147 Upon motton by Vtce Mayor Mandtgo, seconded by Counctlman Schmtdt, Ctty Counctl APPROVED the Mtnutes of the INFORMAl, AND FORMAL SESSIONS of September 3, 2002. Vottng 11-0 Counctl Members Voting Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None September 10, 2002 item V-H. - 24 - ADOPT AGENDA FOR FORMAL SESSION ITEM # 50148 BY CONSENSUS, Ctty Counctl ADOPTED: AGENDA FOR THE FORMAL SESSION ADD-ON Ordtnance enforctng water use restrictions re the Governor's Declaratton of a State of Emergency due to extreme drought condtttons throughout the Commonwealth September 10, 2002 Item V-I. 1. - 25 - RESOLUTIONS ITEM # 50149 Upon motton by Vtce Mayor Man&go, seconded by Councilman Jones, Ctty Counctl ADOPTED Resolutton to AUTHORIZE the City Manager to execute a Memorandum of Understanding wtth the Dtstrtct of Columbta re Vtrgtnta Beach provt&ng securtty durtng the Internattonal Monetary Fund/World Bank Fall Conference September 2 7 thru 29, 2002 Vottng 11-0 (By ConsenO Counctl Members Vottng Ave Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vice Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None September 10, 2002 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE DISTRICT OF COLUMBIA WHEREAS, Virginia law authorizes local governments to 6 enter into reciprocal agreements for cooperation in the 7 furnishing of police services with the District of Columbia; and WHEREAS, it is deemed mutually beneficial to the City 9 of Virginia Beach and the District of Columbia to enter into an 10 agreement concerning cooperation with regard to law enforcement, 11 increasing the ability of the District of Columbia to promote the 12 safety and welfare of the Nation's Capitol. 13 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 14 CITY OF VIRGINIA BEACH, VIRGINIA' 15 16 17 18 19 That the accompanying Memorandum of Understanding is hereby approved, and the City Manager is hereby authorized and directed to execute said Agreement on behalf of the City of Virginia Beach. A summary of the material terms is hereto attached and a true copy of the Agreement is on file with the City Attorney. 20 21 Adopted by the Council of the City of Virginia Beach, Virginia on the lOth day of September , 2002. CA-8595 ordin/noncode/District of Columbia MOU.res August 30, 2002 RI APPROVED AS TO CONTENT' Police Department APPROVED AS TO LEGAL SUFFICIENCY-~~.~. ~j City Attorney's Office SUMMARY OF MATERIAL TERMS Event - The Fall Conference of the International Monetary Fund/World Bank scheduled to be held in Washington, D.C. from September 27, 2002 to October 4, 2002. . Memorandum of Understanding- An agreement between the City of Virginia Beach, United States Attorney for the District of Columbia, Umted States Marshal Service and the Metropolitan Police Department entered into in anticipation of up to 100,000 demonstrators entering the District of Columbia for the purpose of protesting the above described event. Violent clashes are expected. . Nature - Allows the City of Virginia Beach to provide police manpower and equipment, if available, in an effort to maintain public safety during the above described event. . Term - This agreement is effective from September 27, 2002 through September 29, 2002, or as needed, to maintain pubhc safety during the above referenced event contingent upon the availability of City resources. . Insurance - For the limited purpose of defending claims arising out of IMF Task Force activity, our officers, specially deputized as U.S. Marshals, while acting within the course and scope of their official duties and assignments pursuant to this MOU, are covered under the Federal Employees Liability Reform and Tort Compensation Act of 1988. . Deputation - City of V~rginia Beach Police Officers will be deputized as Deputy U.S. Marshals for this event and shall be considered federal employees during this event. 7. Funding - The City's personnel costs will be reimbursed by the District of Columbia. . Liability- Officers participating in this operation are considered federal employees for liability purposes. . Duration - This agreement may be terminated at anytime, by any of the participating agencies, by providing a seven-day notice of intent to withdraw to the Metropolitan Pohce Department. 10. Modifications - This Memorandum of Understanding can be modified at any time by written consent of all parties. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is executed by the United States Attorney for the District of Columbia, United States Marshal Service, the Metropolitan Police Department of Washington, D.C. (MPD) and the City of Virginia Beach (City), a municipal corporation of the Commonwealth of Virginia. I. PURPOSE The purpose of the MOU is to outline the mission of the International Monetary Fund/World Bank (IMF) Task Force in the Washington, D.C. area from September 27 to October 4, 2002. Additionally, this MOU will define relationships between the U.S. Marshal Service, MPD and the City, as well as other participating agencies with regard to policy, guidance, utilization of resources, planning, training, public relations and media in order to maximize interagency cooperation. II. MISSION The mission of the IMF Task Force is to achieve maximum coordination and cooperation in bnnging to bear combined resources to effectively implement measures to ensure the safety of the public, the IMF delegates, visitors and residents while allowing Individuals and groups to exercise their rights. Additionally, all units that are participating agencies will coordinate their activities and be considered IMF Task Force sharing information and coordinating investigative and law enforcement efforts which result from apprehensions originating from the IMF Task Force. III. ORGANIZATIONAL STRUCTURE A. Direction The City acknowledges that the IMF Task Force is a joint operation in whmh all agencies, including the Metropolitan Police Department of District of Columbia, Office of the United States Attorney for District of Columbia, United States Marshals Service, United States Secret Service, United States Federal Bureau of Investigation, National Park Service, City of Virginia Beach Police Department and other agencies, act as partners in the operation of the IMF Task Force. The Command Center for the operations will be located at the Metropolitan Police Department (MPD) Headquarters and will be staffed by officers from U.S. Secret Service, MPD, U.S. Park Police, and the Federal Bureau of Investigation. These officers will serve as the Executive Council for this operation. B. Supervision The day-to-day operation and administrative control of the IMF Task Force will be the responsibility of a Tactical Team Commander selected from one of the participating agencies. The Tactical Team Commander will coordinate with supervisory personnel of the United States Marshals Service as the sponsoring agency for Special Deputation (federal) and with MPD as the lead agency for the operation. The daily management of the IMF Task Force will be closely monitored by the MPD. Responsibility for the conduct of the IMF Task Force members, both personally and professionally, shall remain with the respective agency directors subject to the provisions in Section IX (Liability). IV. PROCEDURES A. Personnel Continued assignment of personnel to the IMF Task Force will be based upon performance and will be at the discretion of the respective agency. Each participating agency will be provided with reports as necessary regarding the program, direction, and accomplishment of the IMF Task Force. B. Deputation All local and state law enforcement personnel designated to the IMF Task Force will be subject to background inquiry and will be federally deputized, with the United States Marshals Service securing the required deputation authorization. These deputations will remain in effect throughout the tenure of each officer's assignment to the IMF Task Force or until termination of the IMF Task Force, whichever occurs first. Each individual deputized as a Special U.S. Marshal will have all necessary law enforcement authority as provided by 28 U.S.C. 566(c) and (d); 28 U.S.C. 564, 18 U.S.C. 3053, 28 C.F.R. 0.112 and the deputation authority of the Deputy Attorney General. The Special Deputy Marshals will be responsible for 1) performing necessary law enforcement steps to keep the peace of the United States; 2) enforcing federal law (e.g., 18 U.S.C. 112, 1116, and 878 as well as other provisions of that title); 3) protecting visiting foreign officials, official guests, and internationally protected persons; 4) taking necessary law enforcement steps to prevent violations of federal law, and; 5) enforcing District of Columbia law as a result of the deputation (see D.C. Code 22-501 and 28 U.S.C. 564). Individuals detailed under this provision who suffer a disability or die as a result of personal injury sustained while in the performance of his or her duty during the assignment shall be treated as a federal employee under 5 U.S.C. Section 8101 as promded by 5 U.S.C. Section 3374(d). Any such individuals who apply to the U.S. Department of Labor for federal workers' compensation under Section 3374 must submit a copy of this Memorandum of Understanding with his or her application. All applicants will be processed by the U.S. Department of Labor on a case by case basis in accordance with applicable law and regulation. C. Law Enforcement Activities Since it is anticipated that almost all cases originating from IMF Task Force arrests will be prosecuted at the state or local level, the law enforcement methods employed by all participating law enforcement agencies shall conform to the requirements of such statutory or common law pending a decision as to a change of venue for prosecution. D. Prosecution The criterial for determining whether to prosecute a particular violation in federal or state court will focus upon achieving the greatest overall benefit to law enforcement and the community. Any question which arises pertaining to prosecutorial jurisdiction will be resolved through the Executive Council. The U.S. Attorney's Office for the District of Columbia has agreed to formally participate in the IMF Task Force and will adopt policies and seek sentences that meet the needs of justice. V. ADMINISTRATIVE A. Records and Reports All records and reports generated by IMF Task Force members shall be routed through the Tactical Team Commander who shall be responsible for maintaining custody and proper dissemination of said records as he or she deems appropriate. B. Unilateral Law Enforcement Action There shall be no unilateral action taken on the part of any participating agency relating to IMF Task Force activities. All law enforcement action will be coordinated and conducted in a cooperative manner under the direction of the Executive Council and the MPD. C. Staff Briefings Periodic briefings on the IMF Task Force law enforcement actions will be provided to the directors of the participating agencies or their designees. Statistics regarding accomplishments will also be provided to the participating agencies as available. VI. MEDIA All media releases pertaining to the IMF Task Force law enforcement activity and/or arrests will be coordinated by all participants of this MOU. No unilateral press releases will be made by any participating agency without the prior approval of the Executive Council. No information pertaining to the IMF Task Force itself will be released to the media without mutual approval of all participants. VII. EQUIPMENT A. IMF Task Force Vehicles Each participating agency, pending availability and individual agency policy, agrees and authorizes IMF Task Force members to use vehicles, when available, owned or leased by those participating agencies, in connection with IMF Task Force law enforcement operations. In turn, each participating agency agrees to be responsible for any negligent act or omission on the part of its agency or its employees, and for any liability resulting from the misuse of said vehicles, as well as any damage incurred to those vehicles as a result of any such negligent act or omission on the part of the participating agency or its employees, subject to the provisions of Section IX (Liability). Participating agency vehicles assigned to the IMF Task Force are subject to funding availability, are provided at the discretion of the supervisor of the providing agency and will be utilized only by the IMF Task Force members. Vehicles provided by participating agencies will be used only during working hours and will not be used for transportation to and from work by task force members or used for any other purpose. Participating agencies will provide maintenance and upkeep of their vehicles consistent with each agency's policy. Vehicles provided as pool vehicles for IMF Task Force use will be parked at the end of each shift at a location determined by the Tactical Team Commander or his designee. B. Other Equipment Other equipment furnished by any agency for use by other agencies' participating personnel shall be returned to the originating agency upon termination of the IMF Task Force or this MOU. VIII. FUNDING The City agrees to provide the full-time services of its respective personnel from September 27, 2002 through September 29, 2002, or as needed, contingent upon the availability of City resources, and to assume all personnel costs for their IMF Task Force representatives, including salaries, overtime payments, and fringe benefits consistent w~th their respective agency policies and procedures. Reimbursement for the cost of such personnel will be made by the District of Columbia, with funds provided by the United States and from general revenue. IX. LIABILITY Unless specifically addressed by the terms of this MOU, the parties agree to be responsible for the negligent or wrongful acts or omissions of their respective employees. Legal representation by the United States is determined by the Department of Justice on a case-by-case basis. The United States Marshals Service cannot guarantee the United States will provide legal representation to any federal, state or local law enforcement officer. Congress has provided that the exclusive remedy for the negligent or wrongful act or omission of any employee of the United States government, acting within the scope of employment, shall be an action against the United States under the Federal Tort Claims Act (FICA), 28 U.S.C. 1346(b), 2671-2680. For the limited purpose of defending claims arising out of IMF Task Force activity, state or local law enforcement officers who have been specially deputized as U.S. Marshals and who are acting within the course and scope of their official duties and assignments pursuant to this MOU, may be considered an "employee" of the United States government as defined in 28 U.S.C. 2671. It is the position of the Department of Justice Civil Division Torts Branch that such individuals are federal employees for these purposes. Under the Federal Employees Liability Reform and Tort Compensation Act of 1988 (commonly known as the Westfal I Act), 28 U.S.C. 2679(b)(1 ), the Attorney General or his designee may certify that an individual defendant acted within the scope of employment at the time of the incident giving rise to the suit. Id., 28 U.S.C. 2679(d)(2) The United States can then be substituted for the employee as the sole defendant with respect to any tort claims. 28 U.S.C. 2679(d)(2). If the United States is substituted as defendant, the individual employee is thereby protected from suits in his official capacity. If the Attorney General declines to certify that an employee was acting within the scope of employment, "the employee may at anytime before trial petition the court to find and certify that the employee was acting within the scope of his office or employment." 28 U.S.C. 2679(d)(3). Liability for any negligent or willful acts of IMF Task Force employees, undertaken outside the terms of this MOU will be the sole responsibility of the respective employee a~_ involved. Liability for violations of federal constitutional law rests with the individual federal agent or officer pursuant to Btvens v. Six Unknown Agents of the Federal Bureau of Narcotics, 403 U.S. 3 88 (1971) or pursuant to 42 U.S.C. 1983 for state and local officers or cross-deputized federal officers. Both state and federal officers enjoy qualified immtmity from suit for constitutional torts insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. Fitzgerald, 457 U.S. 800 (1982). IMF Task Force officers may request representation by the U.S. Department of Justice for civil suits against them in their individual capacities for actions taken within the scope of employment. 28 C.F.R. 50.15, 50.16 An employee may be provided representation when the actions for which representation is requested reasonably appear to have been performed within the scope of the employee's employment and the Attorney General or his designee determines that providing representation would otherwise be in the interest of the United States. 28 C.F.R., 50.15(a). An IMF Task Force officer's written request for representation should be directed to the Attorney General and provided to the Counsel of the United States Marshals Service division coordinating with the IMF Task Force. The Counsel will then forward the representation request to the United States Marshals Service's Office of General Cotmsel together with a letterhead memorandum concerning the factual basis of the lawsuit. The United States Marshals Service Office of General Counsel will then forward the request to the Civil Division of the Department of Justice together with an agency recommendation concerning scope of employment and Department representation. 28 C.F.R. 50.15(a)(3). If an IMF Task Force officer is found to be liable for a constitutional tort, he/she may request indemnification from the Department of Justice to satisfy an adverse judgment rendered against the employee in his/her individual capacity. 28 C.F.R. 50.15(c)(4). The criteria for payment are substantially similar to those used to determine whether a federal employee is entitled to Department of Justice representation under 28 C.F.R. 50.15(a). X. DURATION This MOU shall remain in effect until terminated as specified below. Continuation of the MOU shall be subject to the availability of necessary funding. This agreement may be modified at any time by written consent of all involved agencies. This agreement may be terminated at any time by any of the participating agencies, including the United States Marshals Service. The City may withdraw from this MOU at any time by providing a seven-day written notice of its intent to withdraw to the MPD. Upon the termination of the MOU, all equipment will be returned to the supplying agencies. X. MODIFICATIONS This MOU may be modified at any time by written consent of all parties. Modifications to this MOU shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each participating agency. CITY OF VIRGINIA BEACH, VA ATTEST: By: City Clerk City Manager/Authorized Designee WASHINGTON, D.C. METROPOLITAN POLICE DEPARTMENT ATTEST: By: District Clerk CHARLES H. RAMSEY CHIEF OF POLICE SEEN AND AGREED: UNITED STATES MARSHALS SERVICE ATTEST: By: District Clerk U. S. Marshal UNITED STATES ATTORNEY FOR THE DISTRICT OF COLUMBIA ROSCOE HOWARD - 26- Item V-L2. RESOLUTIONS ITEM # 50150 Mtchael d Barrett, 212 72nd Street, represented the Sorensen Instttute and ACCEPTED the Resolution Upon motton by lZtce Mayor Mandtgo, seconded by Councdman l,'dlanueva City Councd ADOPTED Resolutton to COMMEND the Sornesen Institute for pohttcal leadershtp and the Virginia Ethics Forum for thetr tmttattve and work on the Codes of Conduct project tn I,'trgtnta I,'ottng 11-0 (By ConsenO Councd Members IZottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Councd Members Vottng Nay None Councd Members Absent None September 10, 2002 1 REQUESTED BY MAYOR MEYERA E. OBERNDORF A RESOLUTION COMMENDING THE SORENSEN INSTITUTE FOR POLITICAL LEADERSHIP AND THE VIRGINIA ETHICS FORUM FOR THEIR INITIATIVE AND WORK ON THE CODES PROJECT IN VIRGINIA WHEREAS, the Sorensen Institute for Political Leadership 7 (SIPL) and the Virginia Ethics Forum (VEF) are non-partisan, non- 8 profit organizations dedicated to improving governance in Virginia; 9 and 10 WHEREAS, SLIP and VEF have joined together for the Codes 11 of Conduct Project which encourages Congressional candidates to 12 develop and sign a Code of Conduct; and 13 WHEREAS, a Code of Conduct is a set of standards based on 14 values such as honesty and respect intended to eliminate attack- 15 oriented campaigning; and 16 WHEREAS, a Code of Conduct is good for democracy because 17 it encourages civil dialogue between candidates and allows the 18 public to focus on issues rather than personal attacks; and 19 WHEREAS, the November 2002 election cycle is the first 20 time the Codes of Conduct Project has encouraged candidates to 21 develop a Code of Conduct on a large scale in Virginia; and 22 WHEREAS, the Codes of Conduct Project has received 23 endorsements from diverse organizations from across the 24 Commonwealth including the Virginia Chamber of Commerce, the 25 Virginia Bar Association and the Woman Activist Fund, Inc.; 26 27 28 29 30 31 32 33 34 35 36 37 38 39 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That the City Council hereby commends the Sorensen Institute for Political Leadership and the Virginia Ethics Forum for their initiative and work on the Codes of Conduct Project in Virginia; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Clerk is requested to present a true copy of this Resolution to the Sorensen Institute for Political Leadership and the Virginia Ethics Forum as an expression of the City Council's admiration for the Sorensen Institute and Virginia Ethics Forums vision and good works and for its sustained commitment to the future of the Commonwealth. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of September , 2002. CA-8602 www/ordres/sorensen, res September 4, 2002 R-1 COMMENDING THE VIRGINIA ETIHCS FORUM FOR THEIR INITIATIVE AND WORK ON Ti~'. CODES PROJECT IN VIRGINIA WHEREAS, the Sorensen Institute for Political Leadership (SIPL) and the Virginia Ethics Forum (VEF) are non-partisan, ri.on-profit organizations dedicated to improving governance in Virginia; and WHEREAS, SLIP and VEF have joined together for the Codes of Conduct Project which encourages Congressional candidates to develop and sign a Code of Conduct; and WHEREAS, a Code of Conduct is a set of standards based on values such as honesty and respect intended to eliminate attack-oriented campaigning; and WHEREAS, a Code of Conduct is good for democracy because it encourages civil dialogue between candidates and allows the public to focus on issues rather than personal attacks; and WHEREAS, the November 2002 election cycle is the first time the Codes of Conduct Project has encouraged candidates to develop a Code of Conduct on a large scale in Virginia; and WHEREAS, the Codes of Conduct Project has received endorsements from diverse organizations from across the Commonwealth including the Virginia Chamber of Commerce, the Virginia Bar Association and the Woman Activist Fund, Inc.; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby commends the Sorensen Institute for Political Leadership and the Virginia Ethics Forum for their initiative and work on the Codes of Conduct Project in Virginia; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Clerk is requested to present a true copy of this Resolution to the Sorensen InStitute for Political Leadership and the Virginia Ethics Forum as an expression of the City Council's admiration for the Sorensen Institute and Virginia Ethics Forums vision and good works and for its sustained commitment to the future of the Commonwealth. Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of September, 2002. l~th Hodge~'Smit~h, MMC City Clerk COMMENDING TIIF~ SORENSEN INSTITUTE FOR POLITICAL LEADERSHIP WHEREAS, the Sorensen Institute for Political Leadership (SIPL) and the Virginia Ethics Forum (VEF) are non-partisan, non-profit organizations dedicated to improving governance in Virginia; and WHEREAS, SLIP and VEF have joined together for the Codes of Conduct Project which encourages Congressional candidates to develop and sign a Code of Conduct; and WHEREAS, a Code of Conduct is a set of standards based on values such as honesty and respect intended to eliminate attack-oriented campaigning; and WHEREAS, a Code of Conduct is good for democracy because it encourages civil dialogue between candidates and allows the public to focus on issues rather than personal attacks; and WHEREAS, the November 2002 election cycle is the first time the Codes of Conduct Project has encouraged candidates to develop a Code of Conduct on a large scale in Virginia; and WHEREAS, the Codes of Conduct Project has received endorsements from diverse organizations from across the Commonwealth including the Virginia Chamber of Commerce, the Virginia Bar Association and the Woman Activist Fund, Inc.; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby commends the Sorensen Institute for Political Leadership and the Virginia Ethics Forum for their initiative and work on the Codes of Conduct Project in Virginia; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Clerk is requested to present a true copy of this Resolution to the Sorensen Institute for Political Leadership and the Virginia Ethics Forum as an expression of the City Council's admiration for the Sorensen Institute and Virginia Ethics Forums vision and good works and for its sustained commitment to the future of the Commonwealth. Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of September, 2002. -R~th Hodge~Sm~-th, MMC City Clerk -27- Item V-J. PLANNING ITEM # 50151 1. CHARLES BARKER TOYOTA CONDITIONAL USE PERMIT 2. BIRDNECK BUSINESS CENTER, L.L. C. CONDITIONAL USE PERMIT 3. IGLESIA DE DIOS EBEN-EZER CONDITIONAL USE PERMIT 4. JAIMEANNA, INC. CONDITIONAL USE PERMIT 5. CITY OF VIRGINIA BEACH Amend the CZO re sign regulations in the B-3a Pembroke Central Business district September 10, 2002 Item V-J. - 28 - PLANNING ITEM # 50152 Upon motton by l/ice Mayor Mandtgo, seconded by Counctlman Jones, Ctty Counctl APPRO I/ED IN ONE MOTION Items 1, 2, 3, and 5 (REVISED) of the PLANNING B Y CONSENT I/ottng 11-0 (By ConsenO Counctl Members IZotmg Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members lZottng Nay None Counctl Members Absent None Counctlman Jones DISCLOSED and ABSTAINED on Item J 5 (CZO re stgn regulattons tn the B-3A Pembroke Central Bustness Core DtstrtcO as he has an ownershtp tnterest tn Resource Bank, whtch exceeds three percent of tts total equtty Resource Bank has entered into a parttctpatton agreement wtth Monarch Bank for a hne of credtt to Armada Hoffler Properttes It ts hkely that Armada Hoffler Properttes, wtll manage the Town Center for the project's developer, Town Center Associates Also, Resource Bank ts tn negottattons to lease a new butldtng at the Town Center September 10, 2002 - 29- Item V4.1. PLANNING ITEM # 50153 Upon motton by Vtce Mayor Mandtgo, seconded by Counctlman Jones, Ctty Counctl ADOPTED an Ordtnance upon apphcatton of CHARLES BARKER TOYOTA for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF CHARLES BARKER TOYOTA FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AND SER VICE OPERATIONS R090231046 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Charles Barker Toyota for a Condtttonal Use Permtt for motor vehtcle sales and servtce operattons on the south stde of Laskm Road, east of Regency Drtve (GPIN #2407- 57-4760, #2407-57-2632) Satdparcel ts located at 1877 Lasktn Road and contatns 7 9 acres DISTRICT 6 - BEA CH The following condtttons shall be reqmred All tmprovements shall substanttally adhere to the exhtbtt entitled "Charles Barker Toyota, Lasktn Road, Vtrgtnta Beach, VA, "prepared by MSA, P C, dated July 10, 2002, provtded, however, that the plan may be modtfied as &rected durtng detatled stte plan revtew to conform to requtrements of apphcable Ctty ordtnances Theproposed bmldtng elevatton shall substanttally adhere to the submttted drawtng entttled, "Charles Baker Toyota, 1877 Lasktn Road, Vtrgtnta Beach, Vtrgtnta, "prepared by Burkhart, Thomas, Reed, Archttecture& Intertor Design, dated June 13, 2002 All stgnage shall be tn comphance with regulattons set forth tn the City Zoning Ordmance 3 All requtredparlangspaces shall be deptcted on thefinalstte plan 4 No loud speakers or outdoor speaker system shall be permitted on stte 5 All parktng lot hghttng shall be &rected inward and shall not reflect toward the adjacent restdenttal or surroundtngproperttes The enttre parktng lot shall be strtped tn accordance wtth Ctty Code requtrements and the Amertcans wtth Dtsabthttes Act regulattons All parktng spaces and &splay areas must be clearly dehneated on the final stte plan 7 No vehtclesfor sale or rent shall beparked wtthtn anyportton of the pubhc rtghts-of-way or wtthtn landscaped areas A fifteen foot (15) wtde, Category IV landscape buffer shall be tnstalled along all property hnes that abut apartment or restdenttal dtstrtct zonedproperty as requtred by the Ctty Zontng Ordtnance In addttton, all other apphcable landscape requtrements set forth tn Ctty ordinances shall be tmplemented Any fenctng along property hnes adjacent to restdenttal or apartment dtstrtct zoned property shall be constructed as a sohd wood fence at least stx (6)feet tn hetght and shall be tnstalled no closer than 15 feet from the property hne as deptcted on the exhtbtt entttled "Charles Barker Toyota, Lasktn Road, Vtrgtnta Beach, VA, "prepared by MSA, P C, dated July 1 O, 2002 10 No barbed wtre shall be permttted on the stte September 10, 2002 Item V-J. 1. - 30- PLANNING ITEM # 50153 (Continued) Thts Or&nance shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Or&nance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Tenth of September, Two Thousand Two Vottng 11-0 (By Consent) Counctl Members Voting Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Richard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wdson and James L Wood Counctl Members Voting Nay None Counctl Members Absent None September 10, 2002 - 31 - Item V-J. 2. PLANNING ITEM # 50154 Upon moaon by Vtce Mayor Man&go, seconded by Councdman Jones, Ctty Counctl ADOPTED an Ordtnance upon apphcatton of BIRDNECK BUSINESS CENTER, L.L.C., for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF BIRDNECK BUSINESS CENTER. L L C, A VIRGINIA LIMITED LIABILITY COMPANY, FOR A CONDITIONAL USE PERMIT FOR AUTOMOBILE REPAIRS, PAINTING AND RESTORATION R090231047 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Btrdneck Bustness Center, L L C, a Vtrgtnta hmtted habthty company, for a Condtttonal Use Permtt for automobde repatrs, patnttng and restoratton on the west stde of S Btrdneck Road, 840feet north of Bells Road (GPIN #2416-48-2808) Satd parcel contatns 4 962 acres DISTRICT 6 - BEACH The followtng conchttons shall be requtred The automobde repatr andpatnttng and restoratton factltty shall be located on the stte as shown on the submttted stte plan titled "USE PERMITPLANA UTOMOTIVE BODY WORK, PAINTING & RESTORATION AT 545 S BIRDNECK ROAD, BIRDNECK BUSINESS CENTER FOR SEAN FORSYTH, VIRGINIA BEA CH, VIRGINIA ", prepared by Land Destgn and Development, Inc, dated 17, JUNE '02 Satd plan ts on file wtth the Ctty of Vtrgmta Beach Planning Department A buddtng permtt shall be obtatned for and all necessary tnspecttons shall be conducted on the patnt booth or automottve patnt area tn the butldtng tn accordance wtth the Untform Statewtde Budding Code before occupancy of the buddtng All automottve repatr, patnttng, and restoratton shall take place tnstde the buddtng All doors to the repatr, patnttng, and restoratton area shall be kept closed except when vehtcles are entertng or leavtng the bmldtng 4 There shall be no outstde storage of equipment or parts 5 All vehtcles wtth obvtous body damage shall be stored tnstde the buddtng or tn the storage compound destgnated on the submitted stte plan Thts Ordtnance shall be effecttve tn accordance wtth Section 107 09 of the Zoning Ordtnance Adopted by the Councd of the Ctty of Vtrgtnta Beach, Vtrgtma, on the Tenth of September, Two Thousand Two Voting 11-0 (By ConsenO Council Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Richard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Vottng Nay None Council Members Absent None September 10, 2002 Item V-d. 3. - 32 - PLANNING ITEM # 50155 Upon motton by Vtce Mayor Man&go, seconded by Counctlman Jones, Ctty Counctl ADOPTED an Ordtnance upon apphcatton of IGLESIA DE DIOS EBEN-EZER for a Condtttonal Use Permtt for a church: ORDINANCE UPON APPLICATION OF IGLESIA DE DIOS EBEN- EZER FOR A CONDITIONAL USE PERMIT FOR A CHURCH R090231047 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Apphcatton of Iglesta de Dtos Eben-ezer for a Condtttonal Use Permtt for a church at the southeast corner of Eaglewood Drtve and Chtckadee Lane (GPIN #2415-57-5283) Said parcel ts located at 1101 Eaglewood Drtve and contatns 1 269 acres DISTRICT 6- BEACH The followtng conchttons shall be requtred The apphcant shall obtain all the necessarypermtts, tnspecttons, and approvals from the Ftre Department and the Permtts and Inspections Dtvtston of the Planning Department before occupancy of the butldtng A Certtficate of Occupancy for the use shall be obtained from the Permits and Inspections Dtvtston of the Planmng Department Church gatherings shall be hmtted to Sundays between 8 O0 am and 6 O0 pm and two evenings per week between 7 O0 pm and 900pm 3 No more than 240 people shall be present at the church durtng any church gathering 4 The parking lot shall be re-striped and shall meet all handicapped accesstble parktng reqmrements 5 Church attendees shall not be permitted to park on the street 6 The Condtttonal Use Permtt shall be for a pertod of three years, renewable subject to an admtntstrattve revtew This Orchnance shall be effective tn accordance wtth Section 107 (J) of the Zomng Ordtnance Adopted by the Counctl of the City of Vtrgtma Beach, Vtrgmta, on the Tenth of September, Two Thousand Two September 10, 2002 Item V-d. 3. PLANNING - 33 - ITEM # 50155 (Continued) Votmg 11-0 (By Consent) Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Voting Nay None Counctl Members Absent None September 10, 2002 Item V-J. 4. - 34- PLANNING ITEM # 50156 Attorney Edward Bourdon, Pembroke One, Phone 499-8971, requested the apphcatton not be DEFERRED and offered an addtttonal condttton Upon motton by Councd Lady Eure, seconded by Vtce Mayor Mandtgo, Ctty Council ADOPTED an Ordtnance upon apphcatton of JAIMEANNA, INC., for a Condtttonal Use Permit ORDINANCE UPON APPLICATION OF JAIMEANNA, INC, A VIRGINIA CORPORATION, FOR A CONDITIONAL USE PERMIT FOR AN OPEN SPACE PROMOTION R09023 ! 048 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CI~ OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Jatmeanna, Inc, a Vtrgtnta corporatton, for a Condtttonal Use Permtt for an Open Space Promotton on certatn property located on the south stde of Salem Road, 550feet west of Highland Drtve (GPIN #1474-94-7511) Satd parcel contatns 54 4 acres DISTRICT 1 - CENTER VILLE The followtng condtttons shall be requtred The subdtvtston shall be developed as shown on theplan entttled, "Salem Meadows Prehmtnary Subdtvtston Plan" dated July 31, 2002 by Hassell & Folkes, P C, whtch has been exhtbtted to Ctty Counctl and ts on file wtth the Planning Department, provided however that the plan may be modtfied as dtrected durtng detatled stte plan revtew to conform to requtrements of apphcable Ctty or&nances If deemed necessary durtng the detatled plan revtew process, the right-of-way boundartes for the frontage on Parcel A shall be reconfigured to meet Subdtvtston Ordtnance requtrements Access restrtcttons, such as a no tngress/egress easement, may also be requtred tn thts area durtng detatled plan revtew 2 The western 17 5 acres as deptcted on the plan tdenttfied above shall be dedtcated to the Ctty of Vtrgmta Beach The entrance sign and landscaptng at the entrance shall be as deptcted on the plan entttled, "Entry Concept of Salem Meadows" dated 6-24-02 by Porterfield Destgn Center, whtch has been exhtbtted to Ctty Counctl and ts on file wtth the Planmng Department An encroachment agreement shall be obtatned from the Ctty for the placement of the entrance stgn tn the proposed Ctty right-of-way Trees wtthtn the open space shall be preserved except where necessary for the provtston of servtces and matntenance, such as necessary for stormwater management facthttes The open space areas with trees as shown on the Subdtvtston Plan shall be field dehneated wtth orange safety fenctng prtor to any land dtsturbance Thts requtrement shall be noted tn boldface type on the construction plans and documents 5 The developer shall provtde an acttve recreattonal area and playground eqmpment acceptable to the Ctty's Parks and Recreatton Department or as otherwtse agreeable to the Department of Parks and Recreation September 10, 2002 Item V-J. 4. - 35- PLANNING ITEM # 50156 (Continued) 10 Walktngpaths shall be comprised o fa hard surface and destgned per Ctty spectficatton to be determtned at the ttme of subdtvtston plan revtew All open space area shall be owned tn common by a Homeowners' Assoctatton unless mutually agreed by the apphcant and City that some of the Property be de&cated to the Ctty Membershtp tn the Homeowners' Assoctatton shall be mandatory The Assoctatton shall be responstble for matntenance of entry stgn, landscaptng, walktng tratls, and any equtpment or amentttes provtded wtthtn open space owned by the Homeowners' Assoctatton Houses constructed wtthtn the subdtvtston shall have a mtntmum of 2, 000 square feet of hying area Houses constructed wtthtn the subdtvtston shall substanttally adhere to the photographs exhtbtted to the Ctty Counctl and on file wtth the Planntng Department tn terms of combtnatton and types of building matertals, archttectural design, and color __The developer and real estate agent shall dtsclose to the potenttal buyers of lots wtthtn thts communtt_¥ as part Of the sales contract that "the proposed rtght-of-wa¥_for the Southeastern Parkway and Greenbelt ts located adlacent to the commumt¥ along the southern bounda~_ " A note to thts affect shall be placed on the _final subchvtston plat recorded _for thts development Thts Ordtnance shall be effective tn accordance wtth Sectton 107 (j) of the Zontng Ordtnance Adopted by the Council of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Tenth of September, Two Thousand Two Vottng 10-1 (By ConsenO Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Richard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay Reba S McClanan Counctl Members Absent None September 10, 2002 Item V-J.$. - 36- PLANNING ITEM # 5015 7 Upon morton by Vtce Mayor Mandtgo, seconded by Councdman Jones, Ctty Councd ADOPTED, AS REVISED: Ordnance to AMEND the Ctty Zomng Ordtnance(CZO) re sign regulations tn the B-3A Pembroke Central Business Core Dtstrtct The adopted Ordtnance contatns two revtstons requested by the stgn committee Page 2, Lines 36 and 41- clartficatton as to what an apartment identification sign ss and where tt can be placed Page 4, Lines 116 and 177 - added any destgn standards that may be adopted as part of the revtew for freestanding signs Vottng 10-0 (By Consent) Counctl Members Vottng Aye Margaret L Eure, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Abstatmng Louts R Jones Counctlman Jones DISCLOSED and ABSTAINED on Item J 5 (CZO re stgn regulations tn the B-3A Pembroke Central Bustness Core DtstrtcO as he has an ownershtp tnterest tn Resource Bank, whtch exceeds three percent of tts total equtty Resource Bank has entered tnto a parttctpatton agreement wtth Monarch Bank for a hne of credtt to Armada Hoffler Properttes It ss hkely that Armada Hoffler Properttes, wtll manage the Town Center for the proJect's developer, Town Center Assoctates Also, Resource Bank ts tn negottattons to lease a new butldtng at the Town Center September 10, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 REVISED AN ORDINANCE TO AMEND THE CITY ZONING ORDINANCE PERTAINING TO SIGN REGULATIONS IN THE B-3A, PEMBROKE CENTRAL BUSINESS CORE DISTRICT SECTION AMENDED- CZO ~ 905 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That Section 905 of the City Zoning Ordinance is hereby amended and reordained to read as follows- Sec. 905. Sign Regulations. (d) Within the B-3A Pembroke Central Business Core District, the following regulations s~hall apply siqns shall be permitted as follows- (1) For each forty (40) feet foot of occupancy frontage an establishment shall have no more than .60 square feet of sign area. and for each eighty (00) feet of lot line adjoining a street, but not constituting frontage, not more =~an u~= il) szgn and not more than ~ total of twenty {20) square feet of surface area of $1gnage shall be permitted; provided, however, that no establishment o~o~ have more than two (~)= signo. No sinqle establishment shall have more than four (4) siqns, nor more than two (2) signs per buildinq facade, and no individual sign shall exceed sixty (60) square feet in surface area. Any establishment having at least twenty =u) f==t but I=oo than or equal to forty ~uj ~=== u~ occupancy frontage may have one {I) sign not exceeding twenty ~20) squarez=== of ou~=~= area. Any .... '-~ ...... =---~ .......... twent-- (2~) ............. may have one ~I) oign not exceeding o~t==~ ~j square ~=== of surfak= ~==~. No such siqn shall be allowed above the second story of any buildinq. 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 68 (2) ~ ~ign~ identifying the f-c~r entrances to upper-floor residential dwelling units shall be permitted; provided, that no such sign shall exceed eight (8) square feet of surface area, and that the number of signs shall be limited to one (1) sign on the ground floor at street level at each principal entrance to such dwelling units. (2.5) Commercial buildings, including hotels and motels, of less than five (5) stories in height shall have no more than two (2) building identification signs, and no sign shall have a surface area exceeding one hundred fifty (150) square feet. Such siqns shall be mounted on or above the fourth story of the building, but not above the roofline of such building, and only one (1) sign per building facade shall be allowed. Additionally, two (2) building identification signs, not exceeding twenty (20) square feet each, shall be allowed at street level if the building has a street level entrance. (3) ~n~yCommercial buildings, including hotels and motels, of five (5) stories to ten (10) stories or more in height shall be eligible for have no more than two (2) building identification signs, and no sign shall have a surface area exceeding two hundred (200) square feet. Together, -ig ......................... : .... the two (2) o ns o~a~l not =~==d u~= ~~=~ ~~ (150) square~==~ .... ofo~=~= ......... ar=a, ...... =~ all =-~u~,~ Such signs ~ shall be mounted on or above the fourth story top one-quarter (1/4) of the building, but not above the roofline of thee such building, and only one (1) sign per building facade shall be allowed. Additionally, two (2) building identification signs, not exceedinq twenty (20) .square feet each, may be allowed at street level, if the building has a street level entrance. (3.5) Commercial building, including hotels and motels, of more than ten (10) stories in height shall have no more than 2 69 70 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 two (2) building identification signs, and no sign shall have a surface area exceeding three hundred (300) square feet. All signs shall be mounted on or above the top one-quarter (1/4) of the building, but not above the roofline of such building, and only one (1) sign per building facade shall be allowed. Additionally, two (2) building identification signs, not exceeding twenty (20) square feet each, may be allowed at street level, if the building has a street level entrance. Signs advertising property for sale, lease or rent shall ~ ' - ~,~ oig ~,~ ...... de permztted, ~rovided ~-t no such - n ..... thzrty-two (~)~ square f==t zn ~=~, that not more two ~2) ~uch ~zgns ~~ be =~=~=~ for each one hundred (I00) feet of lot line at the street right-of-way, and that ~ more than four (4) ~uch ~mgns ~~ be on any property. Any -~roperty having less ~~= or lot line adjoining a street may have one (1) sign not ..... ' ty .... ~ =~=ed~ng ~ ~ ~r -two (32) ~qua~= ' - ' ' -= ' ~--~-'~-- there shall be · o f~czlzt~=e occupancy zna new no more than one {I) temporary sign, which~,,=-~-II not exceed thirty-two {32) square==== .... of .............. . ~ .... sign must be mounted on the portion of the building it advert~=~. Such ~z~, ~~ be removed-'~--~,~=~ ~-eventy (70) percent of the property zs ~~i=~ ~ ~=~=~, ~ ' ty ( ) ......... ~-~ ............ a per~od of twen -four 24 .~~, ~~,=~=~ first occurs. Beacon lights or search lights may be permitted fo~ purposes of advertisement of special events, provided the ' ' ---- ' ~ _12 beam of ~ .... dr== ~ ngs = ...... ~,~ lo cte-~ away~=~u~ bui~ residential units. ~o =z==standlng szgns shall be allowed wmth~n ~h= Dz~trz~=, =~=e~ =~ follows 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 ~. One (I) L._=~==__ . . . . _ .......... ~u~l~ zdentifzcatzon oign l~u= to thirty two ~o~ o~=~= f==t may be =~e~=d wzthzn each outdoor plaza. '~' gat-way szgns, ~r. Two ~=~ = ' together not exceeding one '~ ............ may be erected -= each hundred ~uo~ o~u=== · .... ' --_ ~2-- ' locatzon whe== Central Duozneoo ~otrzct Core ~ ......~-' ...... ' ...... st ........ the uzotrz~=. '~' -~--- totalling no more than one hundred twenty ~120~ square f==t, ~==~=~=]~ the central pa .... ' ~, may be permitted the==on; =nd d~.(4) ~ Ail freestanding signs shall be approved by the city council, as consistent with the general purpose and intent of the design provisions presented in the July, 1991, Pembroke Central Business District Master Plan,---m~y be approved by the city counc~l and any applicable design standards approved by City Council. (5) Signs on building a~nings shall not be included in determining the number of buildin~ signs permitted, or in determining permissible sign area, if they meet the following criteria' a. Such signs are uniform in font, color, size and style; Only the name of the establishment appears on the awning; E. There is only one sign per awning; and d. Such are no larger than two (2) square feet. (6) Public or private parking structures and parkin~ garages may have one (1) sign per vehicle entrance and two (2) additional signs. Such signs shall have no more than seventy-five (75) square feet of surface area and shall identify the building on which they are located as a parking structure or parkin~ garage. 4 134 135 136 137 138 139 140 141 142 143 144 145 (7) As used in this section: a. "occupancy frontage" means the exterior length of that portion of a building occupied exclusively by a single establishment having at least one (1) exterior public access; and b. "building identification sign" means a sign which displays only the name of the building on which it is located. Adopted by the City Council of the City of Virginia Beach, Virginia, on this l0th day of September, 2002. 146 147 148 149 CA-84 92 wmm/B- 3Asignregordin. wpd R-9 - September 3, 2002 V-K. 1. -37- APPOINTMENTS' ITEM # 50158 B Y CONSENSUS, Ctty Counctl RESCHEDULED the following APPOINTMENTS: HISTORICAL REVIEW BOARD PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD TO WING AD VISOR Y BOARD September 10, 2002 - 38- ADD-ON ITEM # 50159 Upon motton by Vtce Mayor Man&go, seconded by Counctlman Reeve, Ctty Counctl ADDED to the Agenda Ordtnance enforctng water use restrictions re the Governor's Declaration ora State of Emergency due to extreme drought condtttons throughout the Commonwealth Vottng 11-0 Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Voting Nay None Counctl Members Absent None September 10, 2002 - 39- ADD-ON: ITEM # 50160 Davtd Rhodes, Prestdent- Turf and Gardens, 714 Sarasota Arch, Chesapeake, Phone 543-2071, along wtth other contractors met wtth Davtd Taylor - Drought CoOrdtnator tn Rtchmond Mr Rhodes requested exemptton of prtvate wells Ben Hancock, one of the owners of Gentle Ratn Irrigation Company, 1456 North Woodhouse Road, Phone 481-4999, spoke tn Opposttton Steve Madden, owner - Lawn Doctor, 952 Redwood Ctrcle, Phone 424-9605, requested hfttng of ban on private well water use beyond 30-day lawn refurbtshtng pertod Gary Cooper, owner - Cooper's Landscape Management, 3433 Archer Court, Phone 486-1453, part of 150 landscape compames tn Hampton Roads, whtch collectively employees approximately 1500personnel The compames are a largepart of the economy Approxtmately 30% to 35% of the income ts earned during September and October thru lawn refurbtshment He was part of the group that met with Davtd Taylor - Drought CoOr&nator Mr Cooper requested Ctty Counctl, at the end of the 30-day pertod, provtde a procedure to be tmplemented for subsequent watertng Upon motton by Vtce Mayor Man&go, seconded by Counctlman Jones, Ctty Counctl ADOPTED: Ordtnance enforctng water use restrictions re the Governor's Declaration o fa State of Emergency due to extreme drought condtttons throughout the Commonwealth Addttton on Page 3, lines 69 thru 76 "WHEREAS, The Ctty Counctl has &rected that the City Manager and Ctty Staff continue to work closely wtth the Governor and the Drought Coordinator tn order to tdenttfy potenttal areas tn whtch the restrtcttons upon the use of groundwater set forth tn the Executtve Order may be modtfied to provide rehef to the ctttzens of Hampton Roads, consistent with sound groundwater management practtces and the Governor's objecttves of protecttng the pubhc health, safety and welfare," Vottng 10-1 Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Rtchard A Maddox, Vtce Mayor Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood Council Members Vottng Nay Reba S McClanan Counctl Members Absent None September 10, 2002 AN ORDINANCE ENFORCING THE WATER USE RESTRICTIONS SET FORTH IN THE GOVERNOR'S DECLARATION OF A STATE OF EMERGENCY DUE TO EXTREME DROUGHT CONDITIONS THROUGHOUT THE COMMONWEALTH 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 WHEREAS, on August 30, 2002, the Governor issued Executive Order 33 (the "Executive Order"), entitled "Declaration of a State of Emergency Due to Extreme Drought Conditions throughout the Commonwealth;" and WHEREAS, the Executive Order' (1) States, in pertinent part, that "the health and general welfare of the citizens of the Commonwealth require that state action be taken to help prepare for and alleviate the drought-related conditions that currently exist throughout the Commonwealth;" (2) Proclaims that a state of emergency exists throughout the Commonwealth, and directs that appropriate assistance be rendered by agencies of both state and local governments to prevent and alleviate any conditions resulting from drought; (3) Expressly prohibits any person or household who utilizes surface waters or ground water in certain localities of the Commonwealth, including Virginia Beach, from watering lawns, washing vehicles, filling swimming pools, and irrigating golf courses with the following exceptions- commercial car washes, pools used by health care facilities for patient care and rehabilitation, and watering of golf course tees and greens between the hours of 8'00 p.m. and 8-00 a.m; (4) Appoints the Deputy Secretary of Natural Resources as Drought Coordinator and authorizes him to grant exceptions to the aforesaid restrictions for good cause after consultation with appropriate state agencies; and (5) Authorizes local governments to establish, collect, and 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 68 retain fines for violations of the aforesaid restrictions; and WHEREAS, on September 4, 2002, the Drought Coordinator announced the following exceptions to the water use restrictions set forth in the Executive Order: (1) New or repaired swimming pools may be filled as needed to maintain the structural integrity of the pool, and indoor pools may be filled as necessary to ensure swimmer health and safety; (2) New and refurbished lawns and fairways may be watered for a period not to exceed 30 days; and (3) Car washing by automotive related industries such as auto dealers, body shops, and car rental agencies, but not washing of corporate vehicle fleets, shall be permitted; and WHEREAS, the Governor and Drought Coordinator have stated that the Commonwealth needs the assistance of localities in enforcing the water use restrictions declared by the Governor; and WHEREAS, irrespective of any action by the City Council, the water use restrictions set forth in the Executive Order are mandatory in all localities, including Virginia Beach, to which the Executive Order applies; and WHEREAS, although the Executive Order presently contains no no penalties for the violation of the water use restrictions set forth in it, the Governor has the authority to order that such violations be punishable as a Class One misdemeanor; and WHEREAS, although the citizens of the City of Virginia Beach are already among the most careful users of water in the United States, it is the sense of the City Council that the City of Virginia Beach should demonstrate its leadership in water conservation by fully cooperating with the Governor and the Drought Coordinator in coping with the exceptionally severe and prolonged drought afflicting the Commonwealth; and 2 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 WHEREAS, the City Council has directed that the City Manager and City Staff continue to work closely with the Governor and the Drought Coordinator in order to identify potential areas in which the restrictions upon the use of groundwater set forth in the Executive Order may be modified to provide relief to the citizens of Hampton Roads, consistent with sound groundwater management practices and the Governor's objectives of protecting the public health, safety and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: A. That there are hereby established the penalties set forth in Section (C) of this Ordinance for violations of the water use restrictions set forth in Executive Order 33, dated August 30, 2002 and entitled "Declaration of a State of Emergency Due to Extreme Drought Conditions throughout the Commonwealth," as amended by memorandum of the Drought Coordinator dated September 4, 2002. B. The following uses of surface water and groundwater are prohibited by Executive Order 33: (1) Watering lawns; provided that watering new or refurbished lawns for a period not to exceed 30 days shall not be prohibited; (2) Washing vehicles, including washing of corporate vehicle fleets; provided that commercial car washing, including car washing by automotive related industries such as auto dealers, body shops and car rental agencies shall not be prohibited; (3) Filling swimming pools; provided that pools used by health care facilities for patient care and rehabilitation may be filled, new or repaired swimming pools may be filled as needed to maintain the structural integrity of the pool, and indoor pools may be filled as necessary to ensure swimmer health and safety; and 3 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 (4) Irrigating golf courses; provided that the watering of new or refurbished fairways for a period not to exceed 30 days and the watering of golf course tees and greens between the hours of 8:00 p.m. and 8:00 a.m shall not be prohibited. C. For a fmrst violation as described in Section (B) of this Ordinance, a written notice of violation shall be issued. For a second violation by the same person, there shall be imposed a fine in the amount of Fifty Dollars ($50.00). For all subsequent violations by the same person, there shall be imposed a fine in the amount of Two Hundred Fifty Dollars ($250.00). D. Any future modifications of, or additions or exceptions to, the water use restrictions in effect as of the date of adoption of this Ordinance shall be deemed to be incorporated by reference into this Ordinance, as fully as if set forth herein. E. The City Manager shall appoint an Appeals Board, which shall consist of one (1) representative of the City Manager's office, one (1) employee of the Health Department, and one (1) employee of the Finance Department. The City Attorney or his designee shall serve as legal counsel to the Board. The Appeals Board shall review applications for exemptions from the provisions of Section (B) of this Ordinance on case-by-case basis and, if warranted, to make equitable adjustments to such provisions. The Board shall, in deciding applications, balance economic' and other hardships to the applicant resulting from the imposition of water use restrictions against the individual and cumulative impacts to surface water and groundwater supplies resulting from the granting of exemptions. Individual applications shall be decided by the Board within two (2) weeks of receipt of an application in proper form and containing all necessary information. F. This Ordinance shall expire at midnight on June 30, 2003, unless sooner amended or rescinded by further executive order of the Governor of the Commonwealth of Virginia. 4 135 136 Adopted by the Council of the City of Virginia Beach, Virginia, on this 10th day of September, 2002. 137 138 139 140 CA-8605 wmm\ordres\wateruseordin, wpd September 10, 2002 R-3 Item V-N. AD JO URNMENT - 40- ITEM # 50161 Mayor Meyera E Oberndorf DECL,4RED the Ctty Counctl Meettng ,4DJOURNED at 6:55 P.M. Beverly 0 Hooks, CMC Chief Deputy City Clerk Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgmta Beach Vtrgtnta September 1 O, 2002